Recital

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Recital

A formal statement appearing in a legal document such as a deed that is preliminary in nature and provides an explanation of the reasons for the transaction.

The recital in a deed, for example, might indicate the reasons why the owner is selling the property.

In Pleading, a recital is the statement of matter that is introductory to a positive allegation; it begins with the words, "For that whereas …" and is followed by the claim of the party.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

RECITAL, contracts, pleading. The repetition of some former writing, or the statement of something which has been done. Touchst. 76.
     2. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible. 2 Bl. Com. 298. It is said that when a deed of defeasance recites the deed which it is meant to defeat, it must recite it truly. Cruise, Dig. tit. 32, c 7, s. 28. In other cases it need not be so particular. 3 Penna. Rep. 324; 3 Chan. Cas. 101; Co. Litt. 352 b; Com. Dig. Fait, E 1.
     3. A party who executes a deed reciting a particular fact is estopped from denying such fact; as, when it was recited in the condition of a bond that the obligor had received divers sums of money for the obligee which he had not brought to account, and acknowledged that a balance was due to the obligee, it was holden that the obligor was estopped to say that he had not received any money for the use of the obligee. Willes, 9, 25; Rolle's Ab. 872, 3.
     4. In pleading, when public statutes are recited, a small variance will not be fatal, where by the recital the party is not "tied up to the statute;" that is, if the conclusion be contra formam statuti praediti. Sav. 42; 1 Chit. Crim. Law, 276 Esp. on Penal Stat. 106. Private statutes must be recited in pleading, and proved by an exemplified copy, unless the opposite party, by his pleading admit them.
     5. By the plea of nul tiel record, the party relying on a private statute is put to prove it as recited, and a variance will be fatal. See 4 Co. 76; March, Rep. 117, pl. 193; 3 Harr. & McHen. 388. Vide. generally, 12 Vin. Ab. 129; 13 Vin. Ab. 417; 18 Vin. Ab. 162; 8 Com. Dig. 584; Com. Dig. Testemoigne Evid. B 5; 4 Binn. R. 231; 1 Dall. R. 67; 3 Binn. R. 175; 3 Yeates, R. 287; 4 Yeates, R. 362, 577; 9 Cowen, R. 86; 4 Mason, R. 268; Yelv. R. 127 a, note 1; Cruise, Dig. tit. 32, c. 20, s. 23; 5 Johns. Ch. Rep. 23; 7 Halst. R. 22; 2 Bailey's R. 101; 6 Harr. & Johns. 336; 9 Cowen's R. 271; 1 Dana's R. 327; 15 Pick. R. 68; 5 N. H. Rep. 467; 12 Pick. R, 157; Toullier in his Droit Civil Francais, liv. 3, t. 3, c. 6, n. 157 et seq. has examined this subject with his usual ability. 2 Hill. Ab. c. 29, s. 30; 2 Bail. R. 430; 2 B. & A. 625; 2 Y. & J. 407; 5 Harr. & John. 164; Cov. on Conv. Ev. 298, 315; Hurl. on Bonds, 33; 6 Watts & Serg. 469.
     6. Formerly, in equity, the decree contained recitals of the pleadings in the cause, which became a great grievance. Some of the English chancellors endeavored to restrain this prolixity. By the rules of practice for the courts in equity of the United States it is provided, that in drawing up decrees and orders, neither the bill, nor the answer, nor other pleading nor any part thereof, nor the report of any master, nor any other prior proceedings, shall be stated or recited in the decree or order. Rule 86; 4 Bouv. Inst. n. 4443.

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
Through this, the reciter can recite the Holy Quran according to the way of the Prophet (Peace be upon him) who received it from Jibreel, who received it from Almighty Allah in the classical Arabic language.
Yara Mirdad, organiser of all the children's festival competitions, said this is the second year of the poetry competition, which she believes is very important because students are not always taught how to recite poetry.
Gelman and colleagues (Gelman & Gallistel, 1978; Gelman, Meck, & Merkin, 1986) argued that for counting it is not sufficient to understand that number words are organized in a stable or fixed order (as is needed to correctly recite number words in order).
The actress also boasted about how her daughter could recite numbers from 1-10 and the alphabets from A to Z.
"When I found out about the Recite concept I was really excited about the possibilities it offers and keen to play my part in making it a success," said Ms Meyh|fer, 42, who is originally from Germany and came to the UK eight years ago.
" My father didn't want me to recite it, because he said where there is Saraswati, there is often no Lakshmi.
"For any priest to recite scripture it takes 15 or 20 years of studying before they are confident enough to read it in public.
Now, as you recite the following poem, you deal the first, or top, card face up on the table as you say the first line and move the next card, face down, to the bottom of the packet in your left hand.
It also is an excellent way of testing our students' memories; if they can recite or sing the note names of a phrase in rhythm, we can be sure the music is in their heads and not just in their fingers.
Students in every Indiana public school will get the chance to recite the Pledge of Allegiance and observe a moment of silence every day due to a new law, effective July 1.
The children were sponsored to recite their rhymes, All the cash raised was given to I Can, a charity which helps schools to support children with speech and language difficulties.
I happen to be an atheist, and for the last 20 years or so, as I recite the Pledge, I say "one nation, under good," as it keeps with the cadence, and I like the idea that as a country, we should strive to do good.